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House of Commons
Session 1999-2000
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House of Commons Votes and Proceedings
Monday 27th November 2000

The House met at half-past Two o'clock.

PRAYERS.

1    Second Standing Committee on Delegated Legislation,-Mr Jonathan Sayeed reported from the Second Standing Committee on Delegated Legislation the European Communities (Definition of Treaties) (Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons) Order 2000.

    Minutes of Proceedings of the Committee to lie upon the Table.

2     Third Standing Committee on Delegated Legislation,-Sir David Madel reported from the Third Standing Committee on Delegated Legislation the Railways (Safety Case) (Regulations) 2000 (S.I., 2000, No. 2688).

    Minutes of Proceedings of the Committee to lie upon the Table.

3    Message from the Lords,-A Message was brought from the Lords, as follows-

    The Lords have agreed to the Political Parties, Elections and Referendum Bill, with Amendments; to which the Lords desire the concurrence of this House.

    The Lords insist on certain of their Amendments to the Transport Bill, to which this House has disagreed, for which insistence they assign their Reason, they do not insist on another Amendment to which the Commons have disagreed, but propose Amendments in lieu thereof, to which they desire the concurrence of this House.

    The Lords have agreed to the Amendments made by this House to the Race Relations (Amendment) Bill [Lords], without Amendment.

4    Political Parties, Elections and Referendums Bill,-Lords Amendments to the Political Parties, Elections and Referendums Bill to be considered to-morrow and to be printed [Bill 189].

5    Transport Bill,-Lords Reason for insisting on certain of their Amendments to which the Commons have disagreed, and Amendments in lieu of another Amendment to which the Commons have disagreed to the Transport Bill to be considered to-morrow and to be printed [Bill 190].

6    Freedom of Information Bill and Countryside and Rights of Way Bill (Allocation of Time),-A Motion was made, and the Question being proposed, That the following provisions shall apply to the remaining proceedings on the Freedom of Information Bill and the Countryside and Rights of Way Bill:-

Lords Amendments

    1.-(1) Proceedings on Consideration of Lords Amendments to the Freedom of Information Bill shall be completed at today's sitting and shall, if not previously concluded, be brought to a conclusion at midnight.

    (2) Proceedings on Consideration of Lords Amendments to the Countryside and Rights of Way Bill shall be completed on the allotted day and shall, if not previously concluded, be brought to a conclusion at 10.00 p.m. on that day.

    2.-(1) This paragraph applies for the purpose of bringing proceedings on either of the Bills to a conclusion in accordance with paragraph 1.

    (2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.

    (3) If that Question is for the amendment of a Lords Amendment, the Speaker shall then put forthwith-

      (a) a single Question on any further Amendments of the Lords Amendment moved by a Minister of the Crown, and

      (b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.

    (4) The Speaker shall then put forthwith-

      (a) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

      (b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.

    (5) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees with the Lords in a Lords Amendment.

    (6) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Amendments.

    (7) As soon as the House has-

      (a) agreed or disagreed with the Lords in any of their Amendments, or

      (b) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,

    the Speaker shall put forthwith a single Question on any Amendments moved by a Minister of the Crown relevant to the Lords Amendment.

Subsequent stages

    3.-(1) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the consideration forthwith of any further Message from the Lords on either of the Bills.

    (2) The proceedings on any further Message from the Lords shall, if not previously concluded, be brought to a conclusion one hour after their commencement.

    4.-(1) This paragraph applies for the purpose of bringing proceedings to a conclusion in accordance with paragraph 3.

    (2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.

    (3) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

    (4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

    (5) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

    5. The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chairman.

    6.-(1) The Committee shall report before the conclusion of the sitting at which it is appointed.

    (2) Proceedings in the Committee shall, if not previously concluded, be brought to a conclusion 30 minutes after their commencement.

    (3) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (2), the Chairman shall-

      (a) first put forthwith any Question which has been proposed from the Chair and not yet decided, and

      (b) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

    (4) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

    7.-(1) The following paragraphs apply to-

      (a) proceedings at today's sitting on Consideration of Lords Amendments to the Freedom of Information Bill,

      (b) proceedings on the allotted day on Consideration of Lords Amendments to the Countryside and Rights of Way Bill,

      (c) proceedings on any further message from the Lords on either of the Bills, and

      (d) proceedings at today's sitting or on the allotted day on the appointment, nomination and quorum of a Committee to draw up Reasons (and the appointment of its Chairman) and the Report of such a Committee.

    8. Standing Order No. 15(1) (Exempted business) shall apply to the proceedings.

    9. The proceedings shall not be interrupted under any Standing Order relating to the sittings of the House.

    10. No dilatory Motion with respect to, or in the course of, the proceedings shall be made except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.

    11.-(1) If on a day on which any of the proceedings take place a Motion for the Adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) would stand over to Seven o'clock-

      (a) that Motion stands over until the conclusion of any of the proceedings which are to be brought to a conclusion at or before that time, and

      (b) the bringing to a conclusion of any of the proceedings which are to be brought to a conclusion after that time is postponed for a period of time equal to the duration of the proceedings on that Motion.

    (2) If a Motion for the Adjournment of the House under Standing Order No. 24 stands over from an earlier day to such a day, the bringing to a conclusion of any of the proceedings on that day is postponed for a period of time equal to the duration of the proceedings on that Motion.

    12. If the House is adjourned, or the sitting is suspended, before the expiry of the period at the end of which any of the proceedings are to be brought to a conclusion under this Order, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

Interpretation

    13. In this Order, "allotted day" means any day on which the Countryside and Rights of Way Bill is put down on the main business as first Government Order of the Day.-(Mr Secretary Straw.)

    And it being three hours after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Standing Order No. 83 (Allocation of time to bills).

    The House divided.

      Tellers for the Ayes, Mr Robert Ainsworth, Mr Clive Betts: 347.

      Tellers for the Noes, Mr Stephen Day, Mr Geoffrey Clifton-Brown: 156.

    Ordered, That the following provisions shall apply to the remaining proceedings on the Freedom of Information Bill and the Countryside and Rights of Way Bill:-

Lords Amendments

    1.-(1) Proceedings on Consideration of Lords Amendments to the Freedom of Information Bill shall be completed at today's sitting and shall, if not previously concluded, be brought to a conclusion at midnight.

    (2) Proceedings on Consideration of Lords Amendments to the Countryside and Rights of Way Bill shall be completed on the allotted day and shall, if not previously concluded, be brought to a conclusion at 10.00 p.m. on that day.

    2.-(1) This paragraph applies for the purpose of bringing proceedings on either of the Bills to a conclusion in accordance with paragraph 1.

    (2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.

    (3) If that Question is for the amendment of a Lords Amendment, the Speaker shall then put forthwith-

      (a) a single Question on any further Amendments of the Lords Amendment moved by a Minister of the Crown, and

      (b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.

    (4) The Speaker shall then put forthwith-

      (a) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

      (b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.

    (5) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees with the Lords in a Lords Amendment.

    (6) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Amendments.

    (7) As soon as the House has-

      (a) agreed or disagreed with the Lords in any of their Amendments, or

      (b) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,

    the Speaker shall put forthwith a single Question on any Amendments moved by a Minister of the Crown relevant to the Lords Amendment.

Subsequent stages

    3.-(1) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the consideration forthwith of any further Message from the Lords on either of the Bills.

    (2) The proceedings on any further Message from the Lords shall, if not previously concluded, be brought to a conclusion one hour after their commencement.

    4.-(1) This paragraph applies for the purpose of bringing proceedings to a conclusion in accordance with paragraph 3.

    (2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.

    (3) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

    (4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

    (5) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

    5. The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chairman.

    6.-(1) The Committee shall report before the conclusion of the sitting at which it is appointed.

    (2) Proceedings in the Committee shall, if not previously concluded, be brought to a conclusion 30 minutes after their commencement.

    (3) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (2), the Chairman shall-

      (a) first put forthwith any Question which has been proposed from the Chair and not yet decided, and

      (b) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

    (4) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

    7.-(1) The following paragraphs apply to-

      (a) proceedings at today's sitting on Consideration of Lords Amendments to the Freedom of Information Bill,

      (b) proceedings on the allotted day on Consideration of Lords Amendments to the Countryside and Rights of Way Bill,

      (c) proceedings on any further message from the Lords on either of the Bills, and

      (d) proceedings at today's sitting or on the allotted day on the appointment, nomination and quorum of a Committee to draw up Reasons (and the appointment of its Chairman) and the Report of such a Committee.

    8. Standing Order No. 15(1) (Exempted business) shall apply to the proceedings.

    9. The proceedings shall not be interrupted under any Standing Order relating to the sittings of the House.

    10. No dilatory Motion with respect to, or in the course of, the proceedings shall be made except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.

    11.-(1) If on a day on which any of the proceedings take place a Motion for the Adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) would stand over to Seven o'clock-

      (a) that Motion stands over until the conclusion of any of the proceedings which are to be brought to a conclusion at or before that time, and

      (b) the bringing to a conclusion of any of the proceedings which are to be brought to a conclusion after that time is postponed for a period of time equal to the duration of the proceedings on that Motion.

    (2) If a Motion for the Adjournment of the House under Standing Order No. 24 stands over from an earlier day to such a day, the bringing to a conclusion of any of the proceedings on that day is postponed for a period of time equal to the duration of the proceedings on that Motion.

    12. If the House is adjourned, or the sitting is suspended, before the expiry of the period at the end of which any of the proceedings are to be brought to a conclusion under this Order, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

Interpretation

    13. In this Order, "allotted day" means any day on which the Countryside and Rights of Way Bill is put down on the main business as first Government Order of the Day.

7    Freedom of Information Bill,-The House, according to Order, proceeded to consider the Lords Amendments to the Freedom of Information Bill.

    Lords Amendment Nos. 1 to 3 were agreed to.

    Lords Amendment No. 4.

    An Amendment ((a)) was proposed to the Lords Amendment, in line 18, at the end, to insert the words-

    '(2A) In making any determination under subsection (1)(b) or (2)(b) in respect of information which is exempt by virtue of section 28 and which has at any time been held by an authority for the purposes of ascertaining the cause of an accident or for any investigation or proceedings relating to any requirement relating to the health, safety or welfare of members of the public or of persons at work or the protection of the environment-

(a) the public interest in disclosing whether the public authority holds the information shall be regarded as outweighing the public interest in maintaining the exclusion of the duty to confirm or deny; and (b) the public interest in disclosing the information shall be regarded as outweighing the public interest in maintaining the exemption

    unless, in either case, to do so would or would be likely to prejudice any particular investigations or proceedings of the kind referred to in that section.

(2B) Where- (a) disclosing whether information referred to in subsection (2A) is held, or (b) disclosing information referred to in subsection (2A) would or would be likely to have either of the effects referred to in that subsection, nothing in that subsection shall prejudice the generality of subsection (1)(b) or (2)(b).'.-(Mr Simon Hughes.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Sir Robert Smith, Mr Lembit Ípik: 56.

      Tellers for the Noes, Mr David Jamieson, Mrs Anne McGuire: 343.

    The Lords Amendment was agreed to.

    Lords Amendment No. 5.

    A Motion was made, and the Question being proposed, That this House agrees with the Lords in their Amendment-(Mr Mike O'Brien);

Tuesday 28th November 2000

    And it being midnight, the Deputy Speaker put the Question proposed from the Chair, pursuant to Order [27th November].

    The House divided.

      Tellers for the Ayes, Mr Don Touhig, Mr Gerry Sutcliffe: 368.

      Tellers for the Noes, Mr Peter Atkinson, Mr Stephen Day: 115.

    The Deputy Speaker then put forthwith the Question, That this House agrees with the Lords in all the remaining Lords Amendments.

    The House divided.

      Tellers for the Ayes, Mr Gerry Sutcliffe, Mr Don Touhig: 364.

      Tellers for the Noes, Mr Stephen Day, Mr Geoffrey Clifton-Brown: 116.

    Lords Amendments Nos. 6 to 118 were accordingly agreed to.

8    Income Tax,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Shipping Transport) (Hong Kong) Order 2000 be made in the form of the draft laid before the House on 2nd November-(Mrs Anne McGuire):-It was agreed to.

9    Income Tax,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxation on Income) (Norway) Order 2000 be made in the form of the draft laid before the House on 2nd November-(Mrs Anne McGuire):-It was agreed to.

10    Accommodation and Works Committee,-Ordered, That Mr Colin Burgon be discharged from the Accommodation and Works Committee and Mr Tony Banks be added to the Committee.-(Mr John McWilliam, on behalf of the Committee of Selection.)

11    Health Committee,-Ordered, That Siobhain McDonagh be added to the Committee.-(Mr John McWilliam, on behalf of the Committee of Selection.)

12    Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Mrs Anne McGuire);

    And the Motion having been made after Ten o'clock on Monday evening, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then One o'clock on Tuesday morning, till this day.

[Adjourned at 1 a.m.

Michael J. Martin
Speaker


Mr Speaker will take the Chair at half-past Two o'clock.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

    1    Human Fertilisation and Embryology,-Draft Human Fertilisation and Embryology (Research Purposes) Regulations 2000 [by Act] [Mr Secretary Milburn].

Papers subject to Negative Resolution:

    2    Animals,-Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 3) Regulations 2000 (S.I., 2000, No. 3128), dated 25th November 2000 [by Act] [Mr Nicholas Brown].

    3    Education,-Education (Inspectors of Schools in England) Order 2000 (S.I., 2000, No. 3058), dated 15th November [by Act] [Mr Secretary Blunkett].

    4    European Communities,-European Communities (Designation) (No. 4) Order 2000 (S.I., 2000, No. 3057), dated 15th November 2000 [by Act] [Margaret Beckett].

    5    Social Security (Northern Ireland),-Tax Credits (New Deal Pilot Consequential Amendments) (Northern Ireland) Regulations 2000 (S.I., 2000, No. 3133), dated 27th November 2000 [by Act] [Dawn Primarolo].

    6    Town and Country Planning,-Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (England) Regulations 2000 (S.I., 2000, No. 3089), dated 20th November 2000 [by Act] [Mr Secretary Prescott].

    7    Universities of Oxford and Cambridge,-Statutes, dated 2nd June 2000, made by the Governing Body of St Edmund Hall, Oxford, amending the Statutes of the College [by Act] [Margaret Beckett].

Other Papers:

    8    Health,-Government Response to the Third Report from the Health Committee, Session 1999-2000, on Consultants' Contracts [by Command] [Cm. 4930] [Mr Secretary Milburn].

    9    Museums and Galleries,-Accounts of the British Museum for 1999-2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1002] [Clerk of the House].

    10    Public Petitions,-Observations by the Parliamentary Under Secretary of State for Health on the Petition [13th November] from cleft lip and /or palate NHS patients and others calling for a quality audit of cleft lip and palate services [by Standing Order]; to be printed [Clerk of the House].

    11    School Standards and Framework,-Accounts of the New Addington Education Action Zone for 1998-99, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1003] [Clerk of the House].

    12    Sports Councils,-Report and Summary Financial Statement of the Sports Council for Wales for 1999-2000, and Corporate Plan Summary for 2001-2002 to 2003-2004, with the Report of the Comptroller and Auditor General thereon [by Command] [Mr Secretary Murphy].

APPENDIX II

Standing Committees

    European Communities (Definition of Treaties) (Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons) Order 2000,-The Committee of Selection has discharged Mr Harry Barnes from the Second Standing Committee on Delegated Legislation (nominated in respect of the Order); and nominated in substitution Dr Doug Naysmith.

APPENDIX III

Reports from Select Committees

    1    Information,-(1) Second Report from the Information Committee [Information Technology Provision for Members], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 758]; and

    (2) Memoranda laid before the Committee [Information Technology Provision for Members]

    [Mr Richard Allan].

    2    Public Accounts,-Minutes of Evidence taken before the Public Accounts Committee [Action to Improve Passenger Rail Services]; to be printed [No. 757-i] [Mr David Davis].



 
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